9. Buffalo Commons Easement AbandonmentABANDONMENT OF EASEMENT
The City of Kalispell, a municipal corporation, Kalispell,
Flathead County, Montana, (hereinafter Owner), does hereby abandon
and release all of its rights, title and interest in and to the
following:
That portion of the Utility Easement, lying within the
Buffalo Commons Subdivision Phase 2, Block 1, and lying
within Buffalo Commons Subdivision Phase 3, Block 1, and
lying within Parcel 3 of Certificate of Survey No. 13186;
contained in that certain Grant Deed, recorded January
Sth, 1971, at Book 521, Page 407, Records of Flathead
County Clerk and Recorder, wherein Elmer A. Absalonson
and Nadine C. Absalonson deeded to the City of Kalispell
a tract of land situated in Government Lot One (1),
Section One (1), Township 28 North, Range 22 West,
P.M.M., Flathead County, Montana; said utility easement
being more particularly described as follows:
TOGETHER WITH an easement for the purpose of
maintenance, repair, service, replacement and
reconstruction of public utilities, including
sewer, water, electric, gas, telephone, over,
under and across a strip of land 8 feet in
width over and across Government Lot 1 and the
Southeast Quarter of the Northeast Quarter of
Section 1, all in Township 28 North, Range 22
West, M.P.M., particularly described as
follows:
Beginning at a point on the East Boundary of
Government Lot 1, South 140 feet from the
Northeast corner of said Government Lot 1,
thence,
South and along the East boundary of
Government Lot 1 and the Southeast Quarter of
the Northeast Quarter of said Section 1, a
distance of 2134 feet to a point;
thence,
South 82010' West, a distance of 78 feet to a
point on the Easterly boundary of U.S. Highway
#93, said course South 82010' West describing
the centerline of said 8 foot easement.
For and in consideration of the payment of the sum of One
Dollar ($1.00) and other good and valuable consideration, the
receipt whereof is hereby acknowledged, the Owner hereby abandons
all of its right, title and interest in both of the above-
I:\wp\abondoneasement.wpd
referenced easements forever.
IN WITNESS WHEREOF, the Owner, by order of its City Council, has
caused its corporate name to be hereunto subscribed by its City
Manager, attested to by its Clerk of Council, and its corporate
seal attached.
Dated this 4th day of November, 1998.
City of Kalispell,
a municipal corporation
By: Glen Neier
Its: Acting City Manager
Attest:
Theresa White
Clerk of Council
STATE OF MONTANA )
: ss
County of Flathead )
On this day of , 1998, before me, a
Notary Public in and for the State of Montana, personally appeared
Glen Neier and Theresa White, known to me to be the Acting City
Manager and Clerk of Council of the City of Kalispell, the
municipality, that executed the within instrument, and acknowledged
that they subscribed, sealed and delivered said instrument as the
free and voluntary act of said municipality, for the uses and
purposes therein set forth, and that they were duly authorized to
execute the same on behalf of said municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal, the day and year first above written.
Notary Public, State of Montana
Residing at Kalispell, Montana
My Commission expires
I:\wp\abondoneasement.wpd